Friday 26 March 2010 12.39 EDT
First published on Friday 26 March 2010 12.39 EDT

Supermarket giant Tesco has won an appeal to sell alcohol from its St Mary Street store despite strong objections from the local authority and residents.

The decision taken at Cardiff Magistrates Court today opens a watershed for other supermarket chains to apply for licences even though the area is protected by Cardiff Council as an alcohol saturated zone. Tell us what you think here.

St Mary Street attracts hundreds of late-night revellers to its concentrated walkway of clubs and pubs every night. Police objected strongly to the application – saying they did not need another source which would contribute to alcohol-related crime in the area. Read my reports on the evidence given last week here.

In particular, local authorities were worried the approval of the licence would contribute to 'pre-loading' - the idea people will get drunk on cheap alcohol bought from supermarkets before arriving at their destination.

Magistrate Peter Bailey said:

"The evidence from Inspector Bishop shows it is possible to see on the A470 people on minibuses pre-loading. There is no evidence to suggest people are loading on St Mary Street prior to 8pm. The evidence we heard from Tesco is that the Tesco Express branch do not supply cheap alcohol or single cans of beer, and their target audience is those picking up a bottle of wine on their way home. No evidence has been learned which shows we should refuse this licence."

Speaking after the magistrates decision, local councillor Elizabeth Clark said: "I'm very upset by this decision. The local residents were very clear they didn't want this. I hoped it would not be – the local community have raised strong objections against it. We understand pre-loading does take place. It's just all very disappointing."

Cardiff council's cumulative impact policy was designed to prevent more licences to sell alcohol in this area being granted – the application was first refused when it came before the licensing sub committee in November 2009. Last week magistrates heard the council's policy should not apply to off licence applications because they would not contribute the late night economy in the area.

Cardiff Council said:

"The decision of the court will have no effect on the cumulative impact policy in respect of the St Mary Street area. The court has merely clarified that in its view the special saturation policy in the Statement of Licensing Policy is primarily concerned with preventing the harm resulting from the operation of pubs and clubs and is not therefore applicable to applications in respect of off licences in the area."

I headed down to St Mary Street and found a mixed reaction to the news. Abdi Yusuf, 28, from Grangetown said: "It's bad on the weekends - it gets quite violent and there are already a lot of off licences here so there's just no need for it."

Paul James, 40, from Rumney said: "If Tesco want a licence they will get one no matter what people think or whether there is a petition. This street is basically one pub or club after another so there's no real need for it – but once Tesco have bought the premises a licence was bound to follow."

Jo Mach, 34, from Pentwyn, said: "If people want alcohol they'll get it from anywhere, and there's so many other places around here I don't think it'll make much difference."

Neighbouring supermarket on St Mary Street, Sainsbury's, has put in two applications for licences to sell alcohol, both have been refused by the council. A spokesperson said:

"Licensing officers today rejected our application for a temporary licence over concerns some people are misusing alcohol in and around St Mary Street. As a responsible retailer, these are concerns that we take seriously. However, the vast majority of our customers purchase alcohol responsibly as part of their grocery shop and to be consumed over time."

It is understood the store will put in an appeal against the decision.